Everything You Need to Know About Racial Discrimination in the Workplace

It is against California law for an employer to discriminate against an individual based on his or her ethnicity or race. Employees who are harassed or discriminated against based on ethnicity or race could file a lawsuit against their employer for the damages done.

1. Could a California employer refuse to hire an individual because of his or her race or color?

No, an employer in California can’t refuse to bring on someone because of his or her race or ethnicity. Employment discrimination because of an individual’s race is a big violation of California state and federal law.

It is not legal for an employer with five or more employees to discriminate against a person based on race, as seen under the California Fair Employment and Housing Act .

2. What exactly is racial and ethnic discrimination?

Racial and ethnic discrimination often refers to treating an individual differently because of the location they were born in, the way they are seen, or because of their ethnicity. Color, race and ethnicity could have various meanings to different people. There is oftentimes a ton of overlap. But any discrimination based on color, race or ethnicity is not legal in California.

Racial discrimination could also involve national origin discrimination in employment is treating an employee or job applicant badly because they are from a certain country or appear to be from a certain ethnic background.

Ethnicity can refer to cultural characteristics based on where an individual was born or where their ancestors came from. This is the same as the definition of national origin under California law. National origin refers to a person’s place of birth or original heritage. The laws against race discrimination are not only limited to employers. These laws also apply to labor organizations and unions. These are prohibited from expelling, excluding or restricting membership to an individual based on color or race.

A Person’s Perceived Race

Racism in employment is not legal even if the person is wrong about the victim’s ethnicity. The California employment laws against discrimination based on race or color also also apply to the race or color that is perceived. It is not a defense to racial discrimination if the employer has made an error about the applicant’s race or color.

For instance, an employer conducting an interview might choose not to hire an applicant because the employer does not trust Chinese people. The applicant was actually a United States citizen, born in America to parents from South Korea.

If the applicant files a complaint against the employer for race discrimination, the fact that the employer has made an error about the applicant’s race is not a defense. The employer might still be in violation of workplace discrimination laws for any discrimination based on race.

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3. Can you be discriminated against by someone from the same race?

An employer could discriminate against someone from the same race. California’s employment discrimination laws are not based on the employer’s race but make any race discrimination not lawful.

Do you have a question about race discrimination in the workplace? Click here to contact Von Esch Law today!

Courtesy of Cuselleration